WASHINGTON — Before a congressional hearing on free speech violations during the Trump administration Monday, Sen. Elizabeth Warren (D-Mass.) pulled aside a small group of journalists and free speech experts.
“Are we even allowed to have this meeting?” she quipped.
The hearing was led by Sen. Richard Blumenthal (D-Conn.), who, along with his Democratic colleagues, pressed representatives from the Federal Communications Commission and the Foundation for Individual Rights and Expression on the state of free speech under the Trump administration.
“Using tools of legal and other kinds of power, this administration has sought to silence critics and suppress dissent,” he said.
In the wake of conservative activist Charlie Kirk’s assassination on Sept. 10 and fallout from the one-week suspension of Jimmy Kimmel Live on Sept. 17 after the host made comments about Kirk’s death that upset President Trump, widespread concern has mounted over the federal government’s stance on free speech.
Conor T. Fitzpatrick, Supervising Senior Attorney at the Foundation for Individual Rights and Expression, said that the Kimmel suspension was part of a larger Trump administration campaign to “target those whom they disagree with.”
“We see it with universities; when they target schools for having professors who espouse views he doesn’t like,” he told Medill News Service. “We’ve seen it in the administration targeting law firms who represent causes that the administration doesn’t like.”
In a campaign to clamp down on speech that does not align with the President’s agenda, the Trump administration has used Kirk’s death as an avenue to monitor those who criticized Kirk after his death.
In a statement that has since courted backlash, Attorney General Pam Bondi announced that hate speech would be penalized in a podcast discussion of antisemitism and Kirk’s assassination. “There is no place — especially now, especially after what happened to Charlie — [for that] in our society,” she said.
White House Deputy Chief of Staff Stephen Miller conveyed a similar message, labeling left-wing organizations as “terror movement[s].”
“With God as my witness, we are going to use every resource we have at the Department of Justice, Homeland Security and throughout this government to identify, disrupt, dismantle and destroy these networks and make America safe again for the American people,” Miller told Vice President JD Vance.
On Sept. 22, the White House announced an Executive Order designating Antifa, a decentralized left-wing organization, a terrorist group. Although national security experts have debunked Trump’s claims that the organization poses a security threat, Trump has been outspoken in targeting the group.
In his executive order, he called for the government to investigate and prosecute the organization’s actions.
“All relevant executive departments and agencies shall utilize all applicable authorities to investigate, disrupt, and dismantle any and all illegal operations,” it reads.
Antifa has long been a source of Republican outrage. In 2020, Senator Bill Cassidy (R-La.) released a statement condemning the group and supporting Trump’s efforts to target the organization.
“Antifa are terrorists, violent masked bullies who “fight fascism” with actual fascism, protected by Liberal-privilege,” he tweeted.
Many Democrats view executive messaging on Kirk’s death as divisive and a violation of free speech protections.
After allegedly misquoting remarks Kirk had made about Black women, Washington Post Opinion Columnist Karen Attiah was fired via email after working at the publication for eleven years. The outlet said that her comments “harm the integrity of [its] organization,” according to Attiah.
Rep. Ayanna Pressley (D-Mass.) fiercely condemned The Post’s firing of Attiah, casting blame on Trump and his allies.
“This is a fascist, and a fascist wants a citizenry that is ignorant and uninformed. They want propaganda,” she said.
Other Democrats have attempted to turn their outrage into policy, including Rep. Jason Crow (D-Colo.).
Instead of promoting unity, he said, the Trump administration chose divisiveness.
“Past presidents have used these tragic moments to unite the nation. President Trump has instead used this moment to squash political dissent, attack basic rights, and seize power. We must speak out and fight back to protect our democracy,” he said.
His remarks were included in a press conference on Sept. 18. where a group of congressional Democrats announced legislation, titled the No Political Enemies Act, to strengthen legal protections for groups threatened by President Trump. Sponsors accused the Trump administration of using the assassination of Kirk as a vehicle to target individuals and organizations who voice opposition to the president’s political agenda.
The proposed bill would aim to safeguard free speech and protect individuals and organizations targeted by the Trump administration.
FCC Commissioner Anna M. Gomez said that the First Amendment’s foundation is “trembling.”
She stressed that the Trump Administration’s targeting of free speech imperils democracy.
“This administration seems intent on using its vast power to punish anyone who dares to speak up and disagree with this agenda,” she said.
Earlier this year, Gomez launched the “First Amendment Tour to Challenge Government Censorship and Control.”
She has been outspoken in criticizing the Trump administration—and the FCC–-for taking actions to suppress Americans’ freedom of expression.
“I did that after my own agency launched a series of retaliatory investigations targeting newsroom’s editorial decisions,” she said.
Democrats like Rep. Jamie Raskin (D-Md.) hold out hope that collective interest in preserving the First Amendment will prevail over attempts to seize the rights of free expression.
He told Medill News Service that he was heartened by the reinstatement of Jimmy Kimmel Live last week.
“The people demanded Jimmy Kimmel’s return to his job, and the people are rejecting the use of the Federal Communications Commission as an instrument of the presidential censorship over the rights of the people,” he said on Tuesday.
“Comedy is very important because it’s the comedians who let people know that we don’t have to be afraid of our own governments,” he added.
